Criminal Procedure Code, 1973, Section 164 -- Statement recorded u/s 164 Cr.P.C - Not a substantive evidence - It can be used to corroborate statement of a witness and to contradict a witness...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Bail - Kidnapping and rape - Prosecutrix was aged only about 14 years and 6 months at the time of incident - Contention that age of prosecutrix has not been correctly assessed by investigating agency can be duly..........
Indian Penal Code, 1860, Section 341, 323, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 341, 323, 34 IPC - Quashing of FIR - Acts alleged against accused are not trivial in nature - Nature of injuries and harm caused to complainant and his wife can only be ascertained after conclusion of trial and after appreciating evidence to be led by prosecution - At..........
Criminal Procedure Code, 1973, Section 372 -- (Prior to amendment) - Appeal by victim against acquittal filed in the year 2004 - Proviso to S.372 Cr.P.C. added in the year 2009 which is not retrospective in nature - Victim had no right to challenge the order of acquittal passed in 2004 by way of filing of appeal - Appeal not maintainable...........
Criminal Procedure Code, 1973, Section 91 -- Summoning of call details and call locations of two constables - Provision of S.91 Cr.P.C is not confined to investigation and it also applies during trial - Hence, whether for cause of prosecution or for defence, if a document is to be summoned then stage becomes irrelevant - If call details and call locations are not summoned..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17, 27A, 85 -- Anticipatory bail granted by High Court - Contraband - Plea of State that accused is a habitual offender - High Court fell in error in granting anticipatory bail to respondents - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code,1860, Section 376, 506 -- Offence u/ss 376, 506 IPC - Delay of 11 days in reporting matter to police or any other authority - Delay unexplained - Inference can easily be drawn that version of victim and her mother was not unblemished...........
Criminal Procedure Code, 1973, Section 311 -- Application u/s 311 of Cr.P.C. should be ordinarily permitted unless Court comes to conclude that it is a ruse to drag the proceedings or permitting it, would become an abuse of the process of the law...........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5(n), 6, 8, 12 -- Defence evidence - Allegations under POCSO Act - Court could not have rejected the application for adducing defence evidence on the specious plea that burden is on prosecution to prove the case beyond all..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Petitioner is registered owner of vehicle in question, which is not claimed by any other person - No order of confiscation is passed u/s 60 of NDPS Act - Vehicle seized ordered to be released in favour of petitioner being registered owner of vehicle on supurdginama...........
